Page No.# 1/4 GAHC010000482025 2025:GAU-AS:148 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./11/2025 ABU TALEB S/O LATE USMAN ALI, R/O VILLAGE THEKAGAON, PS. AND DISTRICT BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H A AHMED, MR. R ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06-01-2025 Heard Mr. R. Ali, learned counsel for the petitioner and Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Abu Taleb, son of late Usman Ali, resident of Village- Thekagaon, Police Station-Barpeta, District- Barpeta has filed this application under Section 483 BNSS, seeking bail in Barpeta Police Station Case No. 410/2024 registered under Section 21(b) of the NDPS Act, 1985, wherein, he was arrested on 26.10.2024 and is in custody since then. 3. As per the FIR of the case dated 26.10.2024, on receipt of specific information about the petitioner on 25.10.2024 around 11:31 pm that he has concealed a huge amount of suspected NDPS items in his house situated at Thekagaon, it was entered into the General Diary Entry as Barpeta P.S. G.D. Entry No. 54 dated 25.10.2024. After obtaining necessary authorization, police personnel from Barpeta Police Station along with the relevant materials and the NDPS tool kit proceeded to Thekagaon village. Following the due procedure, the house of the petitioner was searched and a brown colour soap case containing suspected NDPS items wrapped in black colour polythene was recovered that was kept concealed in a wooden Almirah in his house. With the help of the NDPS tool kit, said NDPS items kept in the soap case concealed in his house was weighed in presence of the independent witnesses and were found to be of 10.41 gms. (without packet) of suspected heroin. Thereafter, the petitioner was apprehended and said NDPS items were seized from the possession of the petitioner which was subsequently registered as Barpeta P.S. Case No. 410/2024 under Section 21(b) of NDPS Act. Page No.# 3/4 4. The petitioner herein was arrested on 26.10.2024 and he was also produced before the Court of learned Chief Judicial Magistrate, Barpeta. 5. On being enquired, Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam submitted that due to non-availability of the FSL report of the seized NDPS items, charge-sheet in said Barpeta P.S. Case No. 410/2024 could not be filed till date. 6. In the meanwhile, the petitioner since 26.10.2024 has completed 72 days in custody and hence, completed the statutory period of detention. Therefore, the petitioner is entitled for his default bail in said Barpeta P.S. Case No. 410/2024. 7. Accordingly, the petitioner, namely, Abu Taleb, son of late Usman Ali is granted default bail in said Barpeta P.S. Case No. 410/2024 on furnishing bail bond of Rs. 75,000/-, with two local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned Special Judge (NDPS)-cum-Sessions Judge, Barpeta on conditions that the petitioner, named above (i) shall appear before the Investigating Officer of said Barpeta P.S. Case No. 410/2024 as and when he is required for necessary investigation of said Barpeta P.S. Case; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS)-cum-Sessions Judge, Barpeta on or before 13.01.2025; (iii) shall not leave the territorial jurisdiction of Barpeta Police Station without obtaining prior written permission from the Investigating Officer of the case; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (vi) shall not indulge himself in any such criminal activities in future Page No.# 4/4 including possession or procurement of such NDPS items, failing which, the bail granted to him in said Barpeta P.S. Case No. 410/2024 shall stand automatically vacated. 8. 8. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in said Barpeta P.S. Case No. 410/2024 shall stand automatically vacated. 9. Bail application stands allowed to the extent above. JUDGE Comparing Assistant